Juliet Oladele, Reporting
THE Lagos State Government has issued a stern warning to husbands against forcing their wives into sexual intercourse without consent, stating that such conduct could attract life imprisonment under state law.
Dr Babajide Martins, Director of Public Prosecutions (DPP) at the Lagos State Ministry of Justice, delivered the caution during a press briefing to mark the commencement of the state’s Domestic and Sexual Violence Awareness Month.
While acknowledging that a husband may not technically be charged with rape for engaging in non-consensual sex with his wife—due to the marital exemption still present in Lagos’ rape provisions—Dr Martins clarified that such behaviour could nevertheless be prosecuted as sexual assault by penetration. This offence carries a maximum sentence of life imprisonment.
The DPP emphasised that marriage does not grant a husband unrestricted rights over his wife’s body, particularly in circumstances where she has clearly withdrawn or refused consent. He reportedly cautioned husbands against the erroneous belief that payment of a bride price confers automatic sexual entitlement.
Dr Martins’ position aligns with clarification provided earlier this year by University of Lagos law professor Akeem Olajide Bello. Professor Bello explained that while Lagos law retains a spousal exemption specifically for the offence of rape, its separate provision on sexual assault by penetration does not afford the same exemption and carries a life sentence.
In simple terms: Marriage is not a licence to force sex. Consent remains paramount, and forced sexual intercourse within marriage can still expose a husband to serious criminal liability in Lagos State.
The warning comes as the state intensifies efforts to combat domestic and sexual violence, with authorities urging victims to report incidents and seek justice without fear.
